• Title/Summary/Keyword: 조세 판례

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A Study on the Improvement of Capital Gains Tax Act through the Analysis of the Precedents of the cases of the lawsuit - Focusing on the transfer of inherited and donated property - (행정소송판례 검토를 통한 양도소득세법 개선방안 - 상속·증여받은 자산의 양도를 중심으로 -)

  • Yu, Soon-Mi;Kim, Hye-Ri
    • Management & Information Systems Review
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    • v.38 no.4
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    • pp.61-78
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    • 2019
  • When calculating gains from transfers of assets inherited or donated, the value recognized at the market price as of the date of inheritance or acquisition is recognized as the actual transaction value at the time of acquisition. However, Precedents for the appeal for review by the NTS, the request for adjudgment by the Tax Tribunal(TT) and the request of examination by the Board of Audit and Inspection of Korea(BAI) and the cases of the lawsuit have not shown a consistent results on how much such a the actual transaction value will be measured. This study investigates the operating state of the current tax appeal system using the statistical data of the TT, NTS, and BAI and cases of the lawsuit from 2008 to 2017, and suggests the Improvement of Capital Gains Tax Act on the transfer of inherited and donated property. As a result, total number of requested cases has diminished because cases of the pre-assessment review and the reconsideration appeal by the NTS have decreased steadily over the past decade, while the cases of the lawsuit and the administrative trials(the request for adjudgment by the TT, the appeal for review by the NTS, and the request of examination by the BAI) have been steadily increasing. Also This study found that more than 40% of the complainants proceeded with the cases of the lawsuit proceedings in disagreement with the disposition of tax dissatisfaction under the administrative trials. In addition, Even though the retrospective appraisal price is not recognized as the market price due to the strict interpretation of the tax regulations, it can be seen that it is interpreted as a more expanded concept in the application of the market price than the government office or the tax judge. Therefore, according to the precedents of the cases lawsuit, it is necessary to establish a regulation on the recognition of retroactive appraisal value.

A Study on the Improvement Model of Document Retrieval Efficiency of Tax Judgment (조세심판 문서 검색 효율 향상 모델에 관한 연구)

  • Lee, Hoo-Young;Park, Koo-Rack;Kim, Dong-Hyun
    • Journal of the Korea Convergence Society
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    • v.10 no.6
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    • pp.41-47
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    • 2019
  • It is very important to search for and obtain an example of a similar judgment in case of court judgment. The existing judge's document search uses a method of searching through key-words entered by the user. However, if it is necessary to input an accurate keyword and the keyword is unknown, it is impossible to search for the necessary document. In addition, the detected document may have different contents. In this paper, we want to improve the effectiveness of the method of vectorizing a document into a three-dimensional space, calculating cosine similarity, and searching close documents in order to search an accurate judge's example. Therefore, after analyzing the similarity of words used in the judge's example, a method is provided for extracting the mode and inserting it into the text of the text, thereby providing a method for improving the cosine similarity of the document to be retrieved. It is hoped that users will be able to provide a fast, accurate search trying to find an example of a tax-related judge through the proposed model.

Local Tax Legislative Power for Fiscal Decentralization Reinforcement (지방재정분권강화를 위한 지방세 입법권)

  • Kim, Dong-Bok
    • Proceedings of the Korea Contents Association Conference
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    • 2009.05a
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    • pp.537-542
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    • 2009
  • The Question is to expend Non-Provide Taxes(so on Local Income Tax and Local Consumption Tax). Can we legislate Non-Provide Taxes and levy them to a taxpayer? This Paper is to study a Scheme of Solution for Expansion of Fiscal Decentralization and search Laws and Ordinance, Theories and Case Law of the Major states. Therefore This Study is to aim for expanding at Legislation Power of Local Tax.

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Legal and Inferential Studies on Importer's Risk in Investigation of Origin on FTA (원산지조사에 대한 수입자의 통제불가능한 위험)

  • Kim, Duk-Jong;Kim, Hee-Ho
    • Korea Trade Review
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    • v.42 no.1
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    • pp.69-97
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    • 2017
  • This study purpose to examine the importer's risks that may arise from origin investigation by Customs authorities. We have drawn the important factors affecting the application of FTA preferential tariffs and divided the stages from the conclusion of the contract for the importer to the undergoing origin investigation. In addition, we demonstrate empirically that the risks that arise in areas where importers are difficult to control exist. As a management method of the uncontrollable risk from the importer, we have provided the methods that the seller stipulated the seller's responsibility in the trade contract, prepared for situations in which no one was responsible, and formulated a friendly and cooperative supply chain. Even if the seller's liability is clarified in the contract for sale, the risk of the investigation into the origin of the imported goods is not completely eliminated. This is because, under the current agreement and system, there is no way for the customs authority of the contracting party of the FTA to claim compensation for damages incurred by importers due to breach of agreement such as not returning the result of the origin verification. Importers are subject to customs duties, but there may actually be situations in which no one is responsible for them.

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